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21 May 2010

Statutory Licences for Radio Broadcasting under the Proposed Amendments

Statutory Licences

It has been proposed to introduce into the Copyright Act, two statutory licenses: one for cover versions, and the other for radio broadcasting of literary and musical works and sound recordings.Statutory Licence for Radio Broadcasting of Literary and Musical Works and Sound Recording

The proposed Section 31D deals with statutory licensing of the broadcast of literary works, musical works and sound recordings. It states:

31D. (1) Any broadcasting organisation desirous of communicating to the public by way of a broadcast or by way of performance of a literary or musical work and sound recording which has already been published may do so subject to the provisions of this section.
(2) The broadcasting organisation shall give prior notice, in such manner as may be prescribed, of its intention to broadcast the work stating the duration and territorial coverage of the broadcast, and shall pay to the owner of rights in each work royalties in the manner and at the rate fixed by the Copyright Board.
(3) In fixing the manner and the rate of royalty under sub-section (2), the Copyright Board may require the broadcasting organisation to pay an advance to the owners of rights.
(4) The names of the authors and the principal performers of the work shall, except in case of the broadcasting organisation communicating such work by way of performance, be announced with the broadcast.
(5) No fresh alteration to any literary or musical work, which is not technically necessary for the purpose of broadcasting, other than shortening the work for convenience of broadcast, shall be made without the consent of the owners of rights.
(6) The broadcasting organisation shall —
(a) maintain such records and books of account, and render to the owners of rights such reports and accounts; and
(b) allow the owner of rights or his duly authorised agent or representative to inspect all records and books of account relating to such broadcast, in such manner as may be prescribed.
(7) Nothing in this section shall affect the operation of any licence issued or any agreement entered into before the commencement of the Copyright (Amendment) Act, 2010.

Under this section, a broadcasting organization which desires to communicate to the public a published literary work, musical work or sound recording may do so if the communication is by way of broadcast or by way of performance. The broadcasting organization is required to give prior notice to the copyright owner stating the duration and territorial extent of the broadcast.

The names of the authors and principal performers of the work must be announced with the broadcast. The broadcasting organization is proscribed from making any fresh alteration of any literary or musical work unless that alteration is (i) technically necessary for the purpose of broadcasting, or (ii) comprises only a shortening of the work for the convenience of the broadcast, or (iii) has been made with the consent of the copyright owner(s).

The broadcasting organization must pay royalties to the copyright owner in each work at the rate fixed by the Copyright Board, and the Copyright Board may require that these royalties be paid in advance. It is required to maintain records and books of account, and to render to the copyright owners such reports and accounts in accordance with the rules associated with the Act. The broadcasting organization is also required to allow the copyright owner or his duly authorized agent/representative to inspect all records and books of account related to the broadcast.

This proposed section, however, shall not affect the operation of any licence issued or any agreement entered into before the commencement of the Copyright (Amendment) Act, 2010.

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